LaComb v. Growe

541 F. Supp. 145, 1982 U.S. Dist. LEXIS 11253
CourtDistrict Court, D. Minnesota
DecidedMarch 11, 1982
DocketCiv. 4-81-414
StatusPublished
Cited by9 cases

This text of 541 F. Supp. 145 (LaComb v. Growe) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LaComb v. Growe, 541 F. Supp. 145, 1982 U.S. Dist. LEXIS 11253 (mnd 1982).

Opinions

MEMORANDUM OPINION.

This Court is faced with the difficult and sensitive task of reapportioning the State of Minnesota into eight congressional districts of equal size. We face this task because the State Legislature has failed to perform it.

We must base our decision on one of two conflicting principles. The first is to protect the incumbent Congressmen. That end is accomplished by making only those changes in present district lines necessary to correct population inequities.

The second alternative is to afford equal representation to all regions of the State. That end is accomplished by recognizing the fact that one-half of the State’s residents live in metropolitan Minnesota and one-half live in out-state Minnesota.

We have chosen the second alternative and adopt a plan with four districts in the metropolitan area and four districts out-state (“four-four” plan). We do so because this plan is most consistent with State constitutional and statutory policy. It groups together peoples with like needs and concerns. To do otherwise is to disperse approximately 460,000 metropolitan residents into various districts dominated by strong out-state majorities. That number is nearly sufficient to constitute its own congressional district.

I.

All parties, including the State of Minnesota, agree that the present apportionment of congressional districts1 violates Article I, [147]*147Section 2 of the United States Constitution. Mahan v. Howell, 410 U.S. 315, 93 S.Ct. 979, 35 L.Ed.2d 320 (1973). By Order dated September 15, 1981, the Court declared the present configuration of districts unconstitutional. They no longer equally apportion the population of Minnesota. Five of the districts underrepresent their residents by amounts that range from .79% to 9.92%. Those districts are the First, Second, Sixth, Seventh, and Eighth. Three of the districts overrepresent their residents by amounts that range from 7.08% to 16.38%. Those districts are the Third, Fourth, and Fifth.

Throughout these proceedings, the Court has repeatedly emphasized the responsibility of the legislative and executive branches of the State for congressional redistricting. Article IV, Section 3 of the Minnesota Constitution states in pertinent part:

At the first session after each enumeration of the inhabitants of this state made by the authority of the United States, the legislature shall have the power to prescribe the bounds of congressional and legislative districts.

The State has been urged to meet that responsibility. It has been given more than an adequate opportunity to do so. As stated in Reynolds v. Sims, 377 U.S. 533, 586, 84 S.Ct. 1362, 1394, 12 L.Ed.2d 506 (1964):

reapportionment is primarily a matter for legislative consideration and determination * * * judicial relief becomes appropriate only when a legislature fails to reapportion according to federal constitutional requisites in a timely fashion after having had an adequate opportunity to do so.

The State Legislature has failed to agree upon a plan of congressional redistricting. The House of Representatives has approved one plan and the Senate has approved a different plan. The differences between those plans are fundamental and unresolved. Consequently, the Court has been forced to undertake the task of redistricting.

Four redistricting plans have been submitted by the parties. The plaintiffs and the State Senate have each submitted one plan. The plan of the State Senate was passed by a partisan vote of the DFL majority. The Minnesota Independent Republican Congressional Delegation has submitted two plans. The first of those, Plan A, is a revision of the plan of the State House of Representatives. The second, Plan B, is an alternative submission prepared on behalf of the delegation. Both Plans A and B were prepared by the Director of Redistricting and Computer Services, Republican National Committee. Several additional plans were prepared by the Masters or individual members of the Court for study by the full Court. The Masters made no recommendations to the Court regarding which of the various plans they prepared best met constitutional requirements and the Court’s adopted criteria.

The plans of the plaintiffs and the State Senate locate four of the eight congressional districts in metropolitan Minnesota. The seven-county metropolitan area constitutes 48.7% of the State’s population. The remaining four districts are located in out-state Minnesota. Plan A of the Minnesota Independent Republican Congressional Delegation locates three districts in metropolitan Minnesota, one district is located out-state, and four districts combine out-state and metropolitan populations. In all instances the out-state population dominates the combined districts.2 Plan B also locates three districts in metropolitan Minnesota, two districts are located out-state, and three districts combine out-state and metro[148]*148politan populations. Again, the out-state populations dominate the combined districts.3

II.

After careful study, we adopt a plan of congressional redistricting that establishes four metropolitan districts and four out-state districts. Each district is virtually equal in population and compact. We adopt the plan for the following reasons:

1. The plan recognizes the fact, after the population changes of the last decade, that essentially one-half of the people of Minnesota live in the metropolitan area and one-half live in out-state Minnesota.

2. The plan best advances the State’s Constitutional policy that districts be “of convenient contiguous territory.” Minnesota Constitution, Article IV, Section 3. It does so by:

a. Preserving rather than splitting the natural grouping of the metropolitan residents in the formation of districts. It recognizes to the extent possible the community of interests that metropolitan residents share. It recognizes to the same extent the community of interests shared by the out-state residents.

b. Forming districts that are compact.

3. The plan best advances the State’s statutory policy to recognize the metropolitan area as a distinct region of the State with unique governmental concerns. See, e.g., Minn.Laws 1957, Ch. 468 (creating a comprehensive planning agency for the region); Minn.Laws 1967, Ch. 892 (creating the metropolitan transit commission); Minn.Laws 1971, Ex.Sess. Ch. 24 (creating metropolitan revenue distribution); Lifteau v. Metropolitan Sports Facilities Commission, 270 N.W.2d 749, 756 (Minn.1978) (Metropolitan Council is a political subdivision of the State); City of New Brighton v. Metropolitan Council, 306 Minn. 425, 428, 237 N.W.2d 620, 623 (1975) (same).

4. The plan is consistent with the principles employed in the apportionment of legislative districts in the companion case Sharon La Comb et al. v. Joan Growe, Secretary of State of Minnesota, et al., 541 F.Supp. 160.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Billie Johnson v. Wisconsin Elections Commission
2021 WI 87 (Wisconsin Supreme Court, 2021)
Hippert v. Ritchie
813 N.W.2d 374 (Supreme Court of Minnesota, 2012)
Arizonans for Fair Representation v. Symington
828 F. Supp. 684 (D. Arizona, 1992)
Emison v. Growe
782 F. Supp. 427 (D. Minnesota, 1992)
LaComb v. Growe
541 F. Supp. 145 (D. Minnesota, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
541 F. Supp. 145, 1982 U.S. Dist. LEXIS 11253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacomb-v-growe-mnd-1982.